-CITE-

39 USC CHAPTER 4 - GENERAL AUTHORITY 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

CHAPTER 4 - GENERAL AUTHORITY

-MISC1-

Sec.

401. General powers of the Postal Service.

402. Delegation of authority.

403. General duties.

404. Specific powers.

405. Printing of illustrations of United States postage

stamps.

406. Postal services at Armed Forces installations.

407. International postal arrangements.

408. International money-order exchanges.

409. Suits by and against the Postal Service.

410. Application of other laws.

411. Cooperation with other Government agencies.

412. Nondisclosure of lists of names and addresses.

413. Postal services at diplomatic posts.

414. Special postage stamps.

415. Prohibition on restriction or elimination of services.

416. Authority to issue semipostals.

AMENDMENTS

2000 - Pub. L. 106-253, Sec. 2(d), July 28, 2000, 114 Stat. 636,

added item 416.

1998 - Pub. L. 105-241, Sec. 4(b), Sept. 28, 1998, 112 Stat.

1573, added item 415.

1997 - Pub. L. 105-41, Sec. 2(c), Aug. 13, 1997, 111 Stat. 1121,

added item 414.

1990 - Pub. L. 101-524, Sec. 5(b), Nov. 6, 1990, 104 Stat. 2303,

added item 413.

-End-

-CITE-

39 USC Sec. 401 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 401. General powers of the Postal Service

-STATUTE-

The Postal Service shall have the following general powers:

(1) to sue and be sued in its official name;

(2) to adopt, amend, and repeal such rules and regulations as

it deems necessary to accomplish the objectives of this title;

(3) to enter into and perform contracts, execute instruments,

and determine the character of, and necessity for, its

expenditures;

(4) to determine and keep its own system of accounts and the

forms and contents of its contracts and other business documents,

except as otherwise provided in this title;

(5) to acquire, in any lawful manner, such personal or real

property, or any interest therein, as it deems necessary or

convenient in the transaction of its business; to hold, maintain,

sell, lease, or otherwise dispose of such property or any

interest therein; and to provide services in connection therewith

and charges therefor;

(6) to construct, operate, lease, and maintain buildings,

facilities, equipment, and other improvements on any property

owned or controlled by it, including, without limitation, any

property or interest therein transferred to it under section 2002

of this title;

(7) to accept gifts or donations of services or property, real

or personal, as it deems, necessary or convenient in the

transaction of its business;

(8) to settle and compromise claims by or against it;

(9) to exercise, in the name of the United States, the right of

eminent domain for the furtherance of its official purposes; and

to have the priority of the United States with respect to the

payment of debts out of bankrupt, insolvent, and decedents'

estates; and

(10) to have all other powers incidental, necessary, or

appropriate to the carrying on of its functions or the exercise

of its specific powers.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 722.)

-MISC1-

EFFECTIVE DATE

Cls. (1) and (3) to (10) effective July 1, 1971, pursuant to

Resolution No. 71-9 of the Board of Governors and cl. (2) effective

Aug. 12, 1970. See section 15(a) of Pub. L. 91-375, set out as a

note preceding section 101 of this title.

-TRANS-

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to the

Postmaster General, see Parts 1, 2, and 26 of Ex. Ord. No. 12656,

Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195

of Title 42, The Public Health and Welfare.

-End-

-CITE-

39 USC Sec. 402 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 402. Delegation of authority

-STATUTE-

Except for those powers, duties, or obligations specifically

vested in the Governors, as distinguished from the Board of

Governors, the Board may delegate the authority vested in it to the

Postmaster General under such terms, conditions, and limitations,

including the power of redelegation, as it deems desirable. The

Board may establish such committees of the Board, and delegate such

powers to any committee, as the Board determines appropriate to

carry out its functions and duties. Delegations to the Postmaster

General or committees shall be consistent with other provisions of

this title, shall not relieve the Board of full responsibility for

the carrying out of its duties and functions, and shall be

revocable by the Governors in their exclusive judgment.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 723.)

-MISC1-

EFFECTIVE DATE

Section effective Jan. 16, 1971, pursuant to Resolution No. 71-5

of the Board of Governors. See section 15(a) of Pub. L. 91-375, set

out as a note preceding section 101 of this title.

-End-

-CITE-

39 USC Sec. 403 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 403. General duties

-STATUTE-

(a) The Postal Service shall plan, develop, promote, and provide

adequate and efficient postal services at fair and reasonable rates

and fees. The Postal Service shall receive, transmit, and deliver

throughout the United States, its territories and possessions, and,

pursuant to arrangements entered into under sections 406 and 411 of

this title, throughout the world, written and printed matter,

parcels, and like materials and provide such other services

incidental thereto as it finds appropriate to its functions and in

the public interest. The Postal Service shall serve as nearly as

practicable the entire population of the United States.

(b) It shall be the responsibility of the Postal Service -

(1) to maintain an efficient system of collection, sorting, and

delivery of the mail nationwide;

(2) to provide types of mail service to meet the needs of

different categories of mail and mail users; and

(3) to establish and maintain postal facilities of such

character and in such locations, that postal patrons throughout

the Nation will, consistent with reasonable economies of postal

operations, have ready access to essential postal services.

(c) In providing services and in establishing classifications,

rates, and fees under this title, the Postal Service shall not,

except as specifically authorized in this title, make any undue or

unreasonable discrimination among users of the mails, nor shall it

grant any undue or unreasonable preferences to any such user.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 723; Pub. L. 96-70, title

I, Sec. 1331(e)(1), Sept. 27, 1979, 93 Stat. 482.)

-MISC1-

AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-70 substituted "The Postal

Service" for "Except as provided in the Canal Zone Code, the Postal

Service".

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE

Section effective Jan. 20, 1971, pursuant to Resolution No. 71-10

of the Board of Governors. See section 15(a) of Pub. L. 91-375, set

out as a note preceding section 101 of this title.

CONTINUATION OF MAIL DELIVERY SERVICES

Provisions requiring continuation of six-day delivery and rural

delivery of mail at not less than the 1983 level were contained in

the following appropriations acts:

Pub. L. 107-67, title II, Nov. 12, 2001, 115 Stat. 525.

Pub. L. 106-554, Sec. 1(a)(3) [title II], Dec. 21, 2000, 114

Stat. 2763, 2763A-135.

Pub. L. 106-58, title II, Sept. 29, 1999, 113 Stat. 444.

Pub. L. 105-277, div. A, Sec. 101(h) [title II], Oct. 21, 1998,

112 Stat. 2681-480, 2681-492.

Pub. L. 105-61, title II, Oct. 10, 1997, 111 Stat. 1290.

Pub. L. 104-208, div. A, title I, Sec. 101(f) [title II], Sept.

30, 1996, 110 Stat. 3009-314, 3009-326.

Pub. L. 104-52, title II, Nov. 19, 1995, 109 Stat. 476.

Pub. L. 103-329, title II, Sept. 30, 1994, 108 Stat. 2392.

Pub. L. 103-123, title II, Oct. 28, 1993, 107 Stat. 1234.

Pub. L. 102-393, title II, Oct. 6, 1992, 106 Stat. 1737.

Pub. L. 102-141, title II, Oct. 28, 1991, 105 Stat. 843.

Pub. L. 101-509, title II, Nov. 5, 1990, 104 Stat. 1396.

Pub. L. 101-136, title II, Nov. 3, 1989, 103 Stat. 790.

Pub. L. 100-440, title II, Sept. 22, 1988, 102 Stat. 1727.

Pub. L. 100-202, Secs. 101(m) [title II], 102, Dec. 22, 1987, 101

Stat. 1329-390, 1329-397, 1329-433.

Pub. L. 99-500, Secs. 101(m) [title II], 102, Oct. 18, 1986, 100

Stat. 1783-308, 1783-314, 1783-346, and Pub. L. 99-591, Secs.

101(m) [title II], 102, Oct. 30, 1986, 100 Stat. 3341-308,

3341-314, 3341-346.

Pub. L. 99-190, Secs. 101(h) [H.R. 3036, title II], 102, Dec. 19,

1985, 99 Stat. 1291, 1315.

Pub. L. 98-473, Secs. 101(j) [H.R. 5798, title II], 102, Oct. 12,

1984, 98 Stat. 1963, 1964.

Pub. L. 98-151, Secs. 102, 106, Nov. 14, 1983, 97 Stat. 975.

Pub. L. 98-107, Secs. 102, 108, Oct. 1, 1983, 97 Stat. 740, 741.

Pub. L. 97-377, title I, Sec. 111B, Dec. 21, 1982, 96 Stat. 1912.

Pub. L. 97-35, title XVII, Sec. 1722, Aug. 13, 1981, 95 Stat.

759, as amended by Pub. L. 98-369, div. B, title II, Sec. 2209,

July 18, 1984, 98 Stat. 1061.

Pub. L. 96-499, title IV, Sec. 412, Dec. 5, 1980, 94 Stat. 2607.

PROHIBITION OF 9-DIGIT ZIP CODE

Pub. L. 97-35, title XVII, Sec. 1726, Aug. 13, 1981, 95 Stat.

761, provided that:

"(a) The Postal Service shall not implement any ZIP code system

using more than 5 digits before October 1, 1983. This subsection

shall not be construed as precluding the Postal Service or the

Postal Rate Commission from taking such actions as may be required

before October 1, 1983, to prepare for the implementation of such a

ZIP code system.

"(b) During the period beginning on the date of the enactment of

this Act [Aug. 13, 1981] and ending December 31, 1982, no Executive

agency shall take any action to conform its mailing procedures to

those appropriate for use under any ZIP code system using more than

5 digits. As used in this subsection, the term 'Executive agency'

has the same meaning given such term by section 105 of title 5,

United States Code."

-End-

-CITE-

39 USC Sec. 404 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 404. Specific powers

-STATUTE-

(a) Without limitation of the generality of its powers, the

Postal Service shall have the following specific powers, among

others:

(1) to provide for the collection, handling, transportation,

delivery, forwarding, returning, and holding of mail, and for the

disposition of undeliverable mail;

(2) to prescribe, in accordance with this title, the amount of

postage and the manner in which it is to be paid;

(3) to determine the need for post offices, postal and training

facilities and equipment, and to provide such offices,

facilities, and equipment as it determines are needed;

(4) to provide and sell postage stamps and other stamped paper,

cards, and envelopes and to provide such other evidences of

payment of postage and fees as may be necessary or desirable;

(5) to provide philatelic services;

(6) to provide, establish, change, or abolish special nonpostal

or similar services;

(7) to investigate postal offenses and civil matters relating

to the Postal Service;

(8) to offer and pay rewards for information and services in

connection with violation of the postal laws, and, unless a

different disposal is expressly prescribed, to pay one-half of

all penalties and forfeitures imposed for violations of law

affecting the Postal Service, its revenues, or property, to the

person informing for the same, and to pay the other one-half into

the Postal Service Fund; and

(9) to authorize the issuance of a substitute check for a lost,

stolen, or destroyed check of the Postal Service.

(b)(1) The Postal Service, prior to making a determination under

subsection (a)(3) of this section as to the necessity for the

closing or consolidation of any post office, shall provide adequate

notice of its intention to close or consolidate such post office at

least 60 days prior to the proposed date of such closing or

consolidation to persons served by such post office to ensure that

such persons will have an opportunity to present their views.

(2) The Postal Service, in making a determination whether or not

to close or consolidate a post office -

(A) shall consider -

(i) the effect of such closing or consolidation on the

community served by such post office;

(ii) the effect of such closing or consolidation on employees

of the Postal Service employed at such office;

(iii) whether such closing or consolidation is consistent

with the policy of the Government, as stated in section 101(b)

of this title, that the Postal Service shall provide a maximum

degree of effective and regular postal services to rural areas,

communities, and small towns where post offices are not

self-sustaining;

(iv) the economic savings to the Postal Service resulting

from such closing or consolidation; and

(v) such other factors as the Postal Service determines are

necessary; and

(B) may not consider compliance with any provision of the

Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et

seq.).

(3) Any determination of the Postal Service to close or

consolidate a post office shall be in writing and shall include the

findings of the Postal Service with respect to the considerations

required to be made under paragraph (2) of this subsection. Such

determination and findings shall be made available to persons

served by such post office.

(4) The Postal Service shall take no action to close or

consolidate a post office until 60 days after its written

determination is made available to persons served by such post

office.

(5) A determination of the Postal Service to close or consolidate

any post office may be appealed by any person served by such office

to the Postal Rate Commission within 30 days after such

determination is made available to such person under paragraph (3).

The Commission shall review such determination on the basis of the

record before the Postal Service in the making of such

determination. The Commission shall make a determination based upon

such review no later than 120 days after receiving any appeal under

this paragraph. The Commission shall set aside any determination,

findings, and conclusions found to be -

(A) arbitrary, capricious, an abuse of discretion, or otherwise

not in accordance with the law;

(B) without observance of procedure required by law; or

(C) unsupported by substantial evidence on the record.

The Commission may affirm the determination of the Postal Service

or order that the entire matter be returned for further

consideration, but the Commission may not modify the determination

of the Postal Service. The Commission may suspend the effectiveness

of the determination of the Postal Service until the final

disposition of the appeal. The provisions of section 556, section

557, and chapter 7 of title 5 shall not apply to any review carried

out by the Commission under this paragraph.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 724; Pub. L. 94-421, Sec.

9(a), Sept. 24, 1976, 90 Stat. 1310; Pub. L. 105-241, Sec. 3, Sept.

28, 1998, 112 Stat. 1572.)

-REFTEXT-

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, referred to in

subsec. (b)(2)(B), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590,

as amended, which is classified principally to chapter 15 (Sec. 651

et seq.) of Title 29, Labor. For complete classification of this

Act to the Code, see Short Title note set out under section 651 of

Title 29 and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(2). Pub. L. 105-241 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "The

Postal Service, in making a determination whether or not to close

or consolidate a post office, shall consider -

"(A) the effect of such closing or consolidation on the

community served by such post office;

"(B) the effect of such closing or consolidation on employees

of the Postal Service employed at such office;

"(C) whether such closing or consolidation is consistent with

the policy of the Government, as stated in section 101(b) of this

title, that the Postal Service shall provide a maximum degree of

effective and regular postal services to rural areas,

communities, and small towns where post offices are not

self-sustaining;

"(D) the economic savings to the Postal Service resulting from

such closing or consolidation; and

"(E) such other factors as the Postal Service determines are

necessary."

1976 - Pub. L. 94-421 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1976 AMENDMENT

Section 9(b) of Pub. L. 94-421 provided that: "The amendments

made by subsection (a) of this section [amending this section]

shall take effect on the day after the date on which the Commission

on Postal Service transmits its final report under section 7(f)(1)

of this Act [set out as a note under section 3661 of this title]."

EFFECTIVE DATE

Pars. (1), (3) to (9) of subsec. (a) of this section effective

July 1, 1971, pursuant to Resolution No. 71-9 of the Board of

Governors and par. (2) of subsec. (a) effective Jan. 20, 1971,

pursuant to Resolution No. 71-10 of the Board of Governors. See

section 15(a) of Pub. L. 91-375, set out as a note preceding

section 101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 10601.

-End-

-CITE-

39 USC Sec. 405 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 405. Printing of illustrations of United States postage stamps

-STATUTE-

(a) When requested by the Postal Service, the Public Printer

shall print, as a public document for sale by the Superintendent of

Documents, illustrations in black and white or in color of postage

stamps of the United States, together with such descriptive,

historical, and philatelic information with regard to the stamps as

the Postal Service deems suitable.

(b) Notwithstanding the provisions of section 505 of title 44,

stereotype or electrotype plates, or duplicates thereof, used in

the publications authorized to be printed by this section may not

be sold or otherwise disposed of.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 724.)

-MISC1-

EFFECTIVE DATE

Section effective July 1, 1971, pursuant to Resolution No. 71-9

of the Board of Governors. See section 15(a) of Pub. L. 91-375, set

out as a note preceding section 101 of this title.

-End-

-CITE-

39 USC Sec. 406 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 406. Postal services at Armed Forces installations

-STATUTE-

(a) The Postal Service may establish branch post offices at

camps, posts, bases, or stations of the Armed Forces and at defense

or other strategic installations.

(b) The Secretaries of Defense and Transportation shall make

arrangements with the Postal Service to perform postal services

through personnel designated by them at or through branch post

offices established under subsection (a) of this section.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 724.)

-MISC1-

EFFECTIVE DATE

Section effective July 1, 1971, pursuant to Resolution No. 71-9

of the Board of Governors. See section 15(a) of Pub. L. 91-375, set

out as a note preceding section 101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403, 413, 3401, 3406 of

this title.

-End-

-CITE-

39 USC Sec. 407 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 407. International Postal Arrangements (!1)

-STATUTE-

-STATUTE-

(a)(1) The Secretary of State shall have primary responsibility

for formulation, coordination and oversight of policy with respect

to United States participation in the Universal Postal Union,

including the Universal Postal Convention and other Acts of the

Universal Postal Union, amendments thereto, and all postal treaties

and conventions concluded within the framework of the Convention

and such Acts.

(2) Subject to subsection (d), the Secretary may, with the

consent of the President, negotiate and conclude treaties,

conventions and amendments referred to in paragraph (1).

(b)(1) Subject to subsections (a), (c), and (d), the Postal

Service may, with the consent of the President, negotiate and

conclude postal treaties and conventions.

(2) The Postal Service may, with the consent of the President,

establish rates of postage or other charges on mail matter conveyed

between the United States and other countries.

(3) The Postal Service shall transmit a copy of each postal

treaty or convention concluded with other governments under the

authority of this subsection to the Secretary of State, who shall

furnish a copy to the Public Printer for publication.

(c) The Postal Service shall not conclude any treaty or

convention under the authority of this section or any other

arrangement related to the delivery of international postal

services that is inconsistent with any policy developed pursuant to

subsection (a).

(d) In carrying out their responsibilities under this section,

the Secretary and the Postal Service shall consult with such

federal (!2) agencies as the Secretary or the Postal Service

considers appropriate, private providers of international postal

services, users of international postal services, the general

public, and such other persons as the Secretary or the Postal

Service considers appropriate.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 724; Pub. L. 105-277, div.

A, Sec. 101(h) [title VI, Sec. 633(a)], Oct. 21, 1998, 112 Stat.

2681-480, 2681-523.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-277 substituted "International Postal

Arrangements" for "International postal arrangements" in section

catchline and amended text generally. Prior to amendment, text read

as follows:

"(a) The Postal Service, with the consent of the President, may

negotiate and conclude postal treaties or conventions, and may

establish the rates of postage or other charges on mail matter

conveyed between the United States and other countries. The

decisions of the Postal Service construing or interpreting the

provisions of any treaty or convention which has been or may be

negotiated and concluded shall, if approved by the President, be

conclusive upon all officers of the Government of the United

States.

"(b) The Postal Service shall transmit a copy of each postal

convention concluded with other governments to the Secretary of

State, who shall furnish a copy of the same to the Public Printer

for publication."

EFFECTIVE DATE

Section effective July 1, 1971, pursuant to Resolution No. 71-9

of the Board of Governors. See section 15(a) of Pub. L. 91-375, set

out as a note preceding section 101 of this title.

TRANSFER OF FUNDS TO STATE DEPARTMENT

Pub. L. 105-277, Sec. 101(h) [title VI, Sec. 633(d)], Oct. 21,

1998, 112 Stat. 2681-480, 2681-524, provided that: "In fiscal year

1999 and each fiscal year hereafter, the Postal Service shall

allocate to the Department of State from any funds available to the

Postal Service such sums as may be reasonable, documented and

auditable for the Department of State to carry out the activities

of Section 407 of title 39 of the United States Code."

-FOOTNOTE-

(!1) So in original. "Postal Arrangements" probably should not

be capitalized.

(!2) So in original. Probably should be capitalized.

-End-

-CITE-

39 USC Sec. 408 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 408. International money-order exchanges

-STATUTE-

The Postal Service may make arrangements with other governments,

with which postal conventions are or may be concluded, for the

exchange of sums of money by means of postal orders. It shall fix

limitations on the amount which may be so exchanged and the rates

of exchange.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 725.)

-MISC1-

EFFECTIVE DATE

Section effective July 1, 1971, pursuant to Resolution No. 71-9

of the Board of Governors. See section 15(a) of Pub. L. 91-375, set

out as a note preceding section 101 of this title.

-End-

-CITE-

39 USC Sec. 409 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 409. Suits by and against the Postal Service

-STATUTE-

(a) Except as provided in section 3628 of this title, the United

States district courts shall have original but not exclusive

jurisdiction over all actions brought by or against the Postal

Service. Any action brought in a State court to which the Postal

Service is a party may be removed to the appropriate United States

district court under the provisions of chapter 89 of title 28.

(b) Unless otherwise provided in this title, the provisions of

title 28 relating to service of process, venue, and limitations of

time for bringing action in suits in which the United States, its

officers, or employees are parties, and the rules of procedure

adopted under title 28 for suits in which the United States, its

officers, or employees are parties, shall apply in like manner to

suits in which the Postal Service, its officers, or employees are

parties.

(c) The provisions of chapter 171 and all other provisions of

title 28 relating to tort claims shall apply to tort claims arising

out of activities of the Postal Service.

(d) The Department of Justice shall furnish, under section 411 of

this title, the Postal Service such legal representation as it may

require, but with the prior consent of the Attorney General the

Postal Service may employ attorneys by contract or otherwise to

conduct litigation brought by or against the Postal Service or its

officers or employees in matters affecting the Postal Service.

(e) A judgment against the Government of the United States

arising out of activities of the Postal Service shall be paid by

the Postal Service out of any funds available to the Postal

Service.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 725; Pub. L. 97-258, Sec.

2(k), Sept. 13, 1982, 96 Stat. 1062.)

-MISC1-

HISTORICAL AND REVISION NOTES

1982 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

409(e) 31:724a (last sentence). July 27, 1956, ch. 748,

70 Stat. 678, Sec. 1302

(last sentence); added

Aug. 12, 1970, Pub. L.

91-375, Sec. 6(l)(3), 84

Stat. 782.

--------------------------------------------------------------------

The words "Notwithstanding the other provisions of this section"

are omitted as unnecessary.

AMENDMENTS

1982 - Subsec. (e). Pub. L. 97-258 added subsec. (e).

EFFECTIVE DATE

Section effective July 1, 1971, pursuant to Resolution No. 71-9

of the Board of Governors. See section 15(a) of Pub. L. 91-375, set

out as a note preceding section 101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3007, 3012 of this title.

-End-

-CITE-

39 USC Sec. 410 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 410. Application of other laws

-STATUTE-

(a) Except as provided by subsection (b) of this section, and

except as otherwise provided in this title or insofar as such laws

remain in force as rules or regulations of the Postal Service, no

Federal law dealing with public or Federal contracts, property,

works, officers, employees, budgets, or funds, including the

provisions of chapters 5 and 7 of title 5, shall apply to the

exercise of the powers of the Postal Service.

(b) The following provisions shall apply to the Postal Service:

(1) section 552 (public information), section 552a (records

about individuals), section 552b (open meetings), section 3102

(employment of personal assistants for blind, deaf, or otherwise

handicapped employees), section 3110 (restrictions on employment

of relatives), section 3333 and chapters 72 (antidiscrimination;

right to petition Congress) and 73 (suitability, security, and

conduct of employees), section 5520 (withholding city income or

employment taxes), and section 5532 (!1) (dual pay) of title 5,

except that no regulation issued under such chapters or section

shall apply to the Postal Service unless expressly made

applicable;

(2) all provisions of title 18 dealing with the Postal Service,

the mails, and officers or employees of the Government of the

United States;

(3) section 107 of title 20 (known as the Randolph-Sheppard

Act, relating to vending machines operated by the blind);

(4) the following provisions of title 40:

(A) sections 3114-3116, 3118, 3131, 3133, and 3141-3147; and

(B) chapters 37 and 173;

(5) the following provisions of title 41:

(A) sections 35-45 (known as the Walsh-Healey Act, relating

to wages and hours); and

(B) chapter 6 (the Service Contract Act of 1965);

(6) sections 2000d, 2000d-1 - 2000d-4 of title 42 (title VI,

the Civil Rights Act of 1964);

(7) section 19 of the Occupational Safety and Health Act of

1970 (29 U.S.C. 668);

(8) the provisions of the Act of August 12, 1968 (42 U.S.C.

4151-4156);

(9) chapter 39 of title 31;

(10) the Inspector General Act of 1978; and

(11) section 5520a of title 5.

(c) Subsection (b)(1) of this section shall not require the

disclosure of -

(1) the name or address, past or present, of any postal patron;

(2) information of a commercial nature, including trade

secrets, whether or not obtained from a person outside the Postal

Service, which under good business practice would not be publicly

disclosed;

(3) information prepared for use in connection with the

negotiation of collective-bargaining agreements under chapter 12

of this title or minutes of, or notes kept during, negotiating

sessions conducted under such chapter;

(4) information prepared for use in connection with proceedings

under chapter 36 of this title;

(5) the reports and memoranda of consultants or independent

contractors except to the extent that they would be required to

be disclosed if prepared within the Postal Service; and

(6) investigatory files, whether or not considered closed,

compiled for law enforcement purposes except to the extent

available by law to a party other than the Postal Service.

(d)(1) A lease agreement by the Postal Service for rent of net

interior space in excess of 6,500 square feet in any building or

facility, or part of a building or facility, to be occupied for

purposes of the Postal Service shall include a provision that all

laborers and mechanics employed in the construction, modification,

alteration, repair, painting, decoration, or other improvement of

the building or space covered by the agreement, or improvement at

the site of such building or facility, shall be paid wages at not

less than those prevailing for similar work in the locality as

determined by the Secretary of Labor under section 276a of title

40.(!1)

(2) The authority and functions of the Secretary of Labor with

respect to labor standards enforcement under Reorganization Plan

numbered 14 of 1950 (title 5, appendix), and regulations for

contractors and subcontractors under section 276c of title 40,(!1)

shall apply to the work under paragraph (1) of this subsection.

(3) Paragraph (2) of this subsection shall not be construed to

give the Secretary of Labor authority to direct the cancellation of

the lease agreement referred to in paragraph (1) of this

subsection.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 725; Pub. L. 91-656, Sec.

8(a), Jan. 8, 1971, 84 Stat. 1955; Pub. L. 93-340, Sec. 2, July 10,

1974, 88 Stat. 294; Pub. L. 94-82, title I, Sec. 101, Aug. 9, 1975,

89 Stat. 419; Pub. L. 94-409, Sec. 5(a), Sept. 13, 1976, 90 Stat.

1247; Pub. L. 94-541, title II, Sec. 203, Oct. 18, 1976, 90 Stat.

2508; Pub. L. 95-454, title III, Sec. 302(c), title VII, Sec.

703(c)(4), Oct. 13, 1978, 92 Stat. 1146, 1217; Pub. L. 96-523, Sec.

1(c)(2), Dec. 12, 1980, 94 Stat. 3040; Pub. L. 100-496, Sec.

2(c)(2), Oct. 17, 1988, 102 Stat. 2456; Pub. L. 100-504, title I,

Sec. 104(b), Oct. 18, 1988, 102 Stat. 2525; Pub. L. 103-82, title

II, Sec. 202(g)(6), Sept. 21, 1993, 107 Stat. 890; Pub. L. 103-94,

Sec. 9(b)(2), Oct. 6, 1993, 107 Stat. 1010; Pub. L. 103-123, title

VII, Sec. 708(a), Oct. 28, 1993, 107 Stat. 1272; Pub. L. 104-208,

div. A, title I, Sec. 101(f) [title VI, Sec. 662(f)(1)], Sept. 30,

1996, 110 Stat. 3009-314, 3009-382; Pub. L. 107-217, Sec. 3(k),

Aug. 21, 2002, 116 Stat. 1301.)

-REFTEXT-

REFERENCES IN TEXT

Section 5532 of title 5, referred to in subsec. (b)(1), was

repealed by Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct.

5, 1999, 113 Stat. 664.

Section 107 of title 20, known as the Randolph-Sheppard Act,

referred to in subsec. (b)(3), is section 1 of act June 20, 1936,

ch. 638, 49 Stat. 1559, as amended. The act of June 20, 1936,

popularly known as the Randolph-Sheppard Act and also as the

Randolph-Sheppard Vending Stand Act, is classified generally to

chapter 6A (Sec. 107 et seq.) of Title 20, Education. For complete

classification of this Act to the Code, see Short Title note set

out under section 107 of Title 20 and Tables.

The Walsh-Healey Act, referred to in subsec. (b)(5)(A), is act

June 30, 1936, ch. 881, 49 Stat. 2036, as amended, which is

classified generally to sections 35 to 45 of Title 41, Public

Contracts. For complete classification of this Act to the Code, see

Short Title note set out under section 35 of Title 41 and Tables.

See also section 262 of Title 29, Labor.

The Service Contract Act of 1965, referred to in subsec.

(b)(5)(B), is Pub. L. 89-286, Oct. 22, 1965, 79 Stat. 1034, as

amended, which is classified generally to chapter 6 (Sec. 351 et

seq.) of Title 41. For complete classification of this Act to the

Code, see Short Title note set out under section 351 of Title 41

and Tables.

The Civil Rights Act of 1964, referred to in subsec. (b)(6), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of

the Civil Rights Act of 1964 is classified generally to subchapter

V (Sec. 2000d et seq.) of chapter 21 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see Short Title note set out under section 2000a of Title 42 and

Tables.

Section 19 of the Occupational Safety and Health Act of 1970 (29

U.S.C. 668), referred to in subsec. (b)(7), is section 19 of Pub.

L. 91-596, Dec. 29, 1970, 84 Stat. 1609, which enacted section 668

of Title 29, Labor, and amended section 7902 of Title 5, Government

Organization and Employees.

The provisions of the Act of August 12, 1968 (42 U.S.C.

4151-4156), referred to in subsec. (b)(8), probably means Pub. L.

90-480, Aug. 12, 1968, 82 Stat. 718, as amended, popularly known as

the Architectural Barriers Act of 1968, which is classified

generally to chapter 51 (Sec. 4151 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 4151 of Title 42

and Tables.

The Inspector General Act of 1978, referred to in subsec.

(b)(10), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as

amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

Section 276a of title 40, referred to in subsec. (d)(1), is

section 1 of act Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended,

which was classified to section 276a of former Title 40, Public

Buildings, Property, and Works, and was repealed and reenacted as

sections 3141(2) and 3142 of Title 40, Public Buildings, Property,

and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116

Stat. 1062, 1304.

Reorganization Plan numbered 14 of 1950 (title 5, appendix),

referred to in subsec. (d)(2), is Reorg. Plan No. 14 of 1950, eff.

May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the

Appendix to Title 5.

Section 276c of title 40, referred to in subsec. (d)(2), is

section 2 of act June 13, 1934, ch. 482, 48 Stat. 948, as amended,

which was classified to section 276c of former Title 40, Public

Buildings, Property, and Works, and was repealed and reenacted as

section 3145 of Title 40, Public Buildings, Property, and Works, by

Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(4). Pub. L. 107-217 amended par. (4)

generally. Prior to amendment, par. (4) read as follows: "the

following provisions of title 40:

"(A) sections 258a-258e (relating to condemnation proceedings);

"(B) sections 270a-270e (known as the Miller Act, relating to

performance bonds);

"(C) sections 276a - 276a-7 (known as the Davis-Bacon Act,

relating to prevailing wages);

"(D) section 276c (relating to wage payments of certain

contractors);

"(E) chapter 5 (the Contract Work Hours Standards Act); and

"(F) chapter 15 (the Government Losses in Shipment Act);".

1996 - Subsec. (b)(9). Pub. L. 104-208, Sec. 101(f) [title VI,

Sec. 662(f)(1)(A)], struck out "and" at end.

Subsec. (b)(10). Pub. L. 104-208, Sec. 101(f) [title VI, Sec.

662(f)(1)(B)], substituted "(10) the Inspector General Act of 1978;

and" for "the provisions of section 8F of the Inspector General Act

of 1978."

1993 - Subsec. (b)(8). Pub. L. 103-82, Sec. 202(g)(6)(A), and

Pub. L. 103-123, Sec. 708(a)(1), amended par. (8) identically,

striking out "and" at end.

Subsec. (b)(9). Pub. L. 103-123, Sec. 708(a)(2), substituted

"chapter" for "Chapter" in par. (9) relating to title 31.

Pub. L. 103-82, Sec. 202(g)(6)(B), and Pub. L. 103-123, Sec.

708(a)(2), amended par. (9), relating to title 31, identically,

substituting "; and" for period at end.

Pub. L. 103-94, Sec. 9(b)(2)(A), and Pub. L. 103-123, Sec.

708(a)(3), which directed the identical amendment of subsec. (b) by

redesignating par. (9), providing for applicability to Postal

Service of provisions of section 8E of Inspector General Act of

1978, as (10), could not be executed because Pub. L. 103-82, Sec.

202(g)(6)(C), struck out such par. See below.

Pub. L. 103-82, Sec. 202(g)(6)(C), struck out second par. (9)

which provided for applicability to Postal Service of the

provisions of section 8E of Inspector General Act of 1978.

Subsec. (b)(10). Pub. L. 103-94, Sec. 9(b)(2)(A), and Pub. L.

103-123, Sec. 708(a)(3), which directed the identical amendment of

subsec. (b) by redesignating par. (9), providing for applicability

to Postal Service of provisions of section 8E of Inspector General

Act of 1978, as (10), could not be executed because Pub. L. 103-82,

Sec. 202(g)(6)(C), struck out such par. See above.

Pub. L. 103-82, Sec. 202(g)(6)(C), added par. (10).

Subsec. (b)(11). Pub. L. 103-94, Sec. 9(b)(2)(B), added par.

(11).

1988 - Subsec. (b)(6) to (8). Pub. L. 100-504, Sec.

104(b)(1)-(4), struck out "and" after semicolon in par. (6),

substituted semicolon for period in par. (7), and substituted "the

provisions" for "The provisions" and "; and" for period in par.

(8).

Subsec. (b)(9). Pub. L. 100-504, Sec. 104(b)(5), added par. (9)

relating to section 8E of Inspector General Act.

Pub. L. 100-496 added par. (9) relating to chapter 39 of title

31.

1980 - Subsec. (b)(1). Pub. L. 96-523 substituted "section 3102

(employment of personal assistants for blind, deaf, or otherwise

handicapped" for "3102 (employment of reading assistants for blind

employees and interpreting assistants for deaf".

1978 - Subsec. (b)(1). Pub. L. 95-454 inserted provisions

relating to reading and interpreting assistants, and substituted

provisions respecting applicability of chapter 72 of title 5, for

provisions respecting applicability of chapter 71 of title 5.

1976 - Subsec. (b)(1). Pub. L. 94-409 inserted references to

sections 552a and 552b of title 5.

Subsec. (b)(8). Pub. L. 94-541 added par. (8).

1975 - Subsec. (b)(7). Pub. L. 94-82 added par. (7).

1974 - Subsec. (b)(1). Pub. L. 93-340 inserted "section 5520

(withholding city income or employment taxes)," before "and section

5532 (dual pay)".

1971 - Subsec. (b)(1). Pub. L. 91-656 inserted "section 3110

(restrictions on employment of relatives)," before "section 3333"

and substituted "no regulation" for "not regulation".

EFFECTIVE DATE OF 1993 AMENDMENTS; SAVINGS PROVISION

Amendment by Pub. L. 103-94 effective 120 days after Oct. 6,

1993, but not to release or extinguish any penalty, forfeiture, or

liability incurred under amended provision, which is to be treated

as remaining in force for purpose of sustaining any proper

proceeding or action for enforcement of that penalty, forfeiture,

or liability, and no provision of Pub. L. 103-94 to affect any

proceedings with respect to which charges were filed on or before

120 days after Oct. 6, 1993, with orders to be issued in such

proceedings and appeals taken therefrom as if Pub. L. 103-94 had

not been enacted, see section 12 of Pub. L. 103-94, set out as an

Effective Date; Savings Provision note under section 7321 of Title

5, Government Organization and Employees.

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

202(i) of Pub. L. 103-82, set out as an Effective Date note under

section 12651 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,

1988, see section 113 of Pub. L. 100-504, set out as a note under

section 5 of Pub. L. 95-452 (Inspector General Act of 1978) in the

Appendix to Title 5, Government Organization and Employees.

Amendment by Pub. L. 100-496 applicable with respect to all

obligations incurred on or after Jan. 1, 1989, see section 14(c) of

Pub. L. 100-496, set out as a note under section 3902 of Title 31,

Money and Finance.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-523 effective sixty days after Dec. 12,

1980, see section 3 of Pub. L. 96-523, set out as a note under

section 3102 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-409 effective 180 days after Sept. 13,

1976, see section 6 of Pub. L. 94-409, set out as an Effective Date

note under section 552b of Title 5, Government Organization and

Employees.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-340 effective on 90th day following July

10, 1974, see section 3 of Pub. L. 93-340, set out as an Effective

Date note under section 5520 of Title 5, Government Organization

and Employees.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 8(b) of Pub. L. 91-656 provided that: "The provisions of

this section [amending this section] shall become effective on the

effective date prescribed under section 15(a) of the Postal

Reorganization Act [set out as an Effective Date note preceding

section 101 of this title] for section 410 of title 39, United

States Code, as enacted by that Act."

EFFECTIVE DATE

Subsecs. (a), (b)(2) to (6), and (c)(1) to (3), (5), (6) of this

section effective Apr. 13, 1971, pursuant to Resolution No. 71-14

of the Board of Governors, subsecs. (b)(1), relating to section 552

of Title 5, Government Organization and Employees, and (c)(4)

effective Jan. 20, 1971 pursuant to Resolution No. 71-10 of the

Board of Governors, and subsec. (d) effective July 1, 1971,

pursuant to Resolution No. 71-9 of the Board of Governors. See

section 15(a) of Pub. L. 91-375, set out as a note preceding

section 101 of this title.

APPLICABILITY OF HATCH ACT REFORM AMENDMENTS OF 1993 TO POSTAL

EMPLOYEES

Section 7 of Pub. L. 103-94 provided that: "The amendments made

by this Act [enacting sections 5520a and 7321 to 7326 of Title 5,

Government Organization and Employees, and section 610 of Title 18,

Crimes and Criminal Procedure, amending this section, sections

1216, 2302, 3302, and 3303 of Title 5, sections 602 and 603 of

Title 18, and sections 1973d and 9904 of Title 42, The Public

Health and Welfare, and omitting former sections 7321 to 7328 of

Title 5] (except for the amendments made by section 8 [amending

sections 2302 and 3303 of Title 5]), and any regulations

thereunder, shall apply with respect to employees of the United

States Postal Service and the Postal Rate Commission, pursuant to

sections 410(b) and 3604(e) of title 39, United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2803, 3604 of this title;

title 31 section 1344.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

39 USC Sec. 411 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 411. Cooperation with other Government agencies

-STATUTE-

Executive agencies within the meaning of section 105 of title 5

and the Government Printing Office are authorized to furnish

property, both real and personal, and personal and nonpersonal

services to the Postal Service, and the Postal Service is

authorized to furnish property and services to them. The furnishing

of property and services under this section shall be under such

terms and conditions, including reimbursability, as the Postal

Service and the head of the agency concerned shall deem

appropriate.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 726.)

-MISC1-

EFFECTIVE DATE

Section effective July 1, 1971, pursuant to Resolution No. 71-9

of the Board of Governors. See section 15(a) of Pub. L. 91-375, set

out as a note preceding section 101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 403, 409 of this title.

-End-

-CITE-

39 USC Sec. 412 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 412. Nondisclosure of lists of names and addresses

-STATUTE-

(a) Except as specifically provided by subsection (b) or other

law, no officer or employee of the Postal Service shall make

available to the public by any means or for any purpose any mailing

or other list of names or addresses (past or present) of postal

patrons or other persons.

(b) The Postal Service shall provide to the Secretary of Commerce

for use by the Bureau of the Census such address information,

address-related information, and point of postal delivery

information, including postal delivery codes, as may be determined

by the Secretary to be appropriate for any census or survey being

conducted by the Bureau of the Census. The provision of such

information under this subsection shall be in accordance with such

mutually agreeable terms and conditions, including reimbursability,

as the Postal Service and the Secretary of Commerce shall deem

appropriate.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 727; Pub. L. 103-430, Sec.

4, Oct. 31, 1994, 108 Stat. 4394.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-430 substituted "(a) Except as specifically

provided by subsection (b) or other law," for "Except as

specifically provided by law," and added subsec. (b).

EFFECTIVE DATE

Section effective July 1, 1971, pursuant to Resolution No. 71-9

of the Board of Governors. See section 15(a) of Pub. L. 91-375, set

out as a note preceding section 101 of this title.

-End-

-CITE-

39 USC Sec. 413 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 413. Postal services at diplomatic posts

-STATUTE-

(a) The Postal Service and the Department of State may enter into

1 or more agreements for field testing to ascertain the feasibility

of providing postal services through personnel provided by the

Department of State at branch post offices established by the

Postal Service in United States diplomatic missions at locations

abroad for which branch post offices are not established under

section 406.

(b) To the extent that the Postal Service and the Department of

State conclude it to be feasible and in the public interest, the

Postal Service may establish branch post offices at United States

diplomatic missions in locations abroad for which branch post

offices are not established under section 406, and the Department

of State may enter into an agreement with the Postal Service to

perform postal services at such branch post offices through

personnel designated by the Department of State.

(c) The Department of State shall reimburse the Postal Service

for any amounts, determined by the Postal Service, equal to the

additional costs incurred by the Postal Service, including

transportation costs, incurred by the Postal Service in the

performance of its obligations under any agreement entered into

under this section.

(d) Each agreement entered into under this section shall include

-

(1) provisions under which the Department of State shall make

any reimbursements required under subsection (c);

(2) provisions authorizing the Postal Service to terminate the

agreement, and the services provided thereunder, in the event

that the Department of State does not comply with the provisions

under paragraph (1); and

(3) any other provisions which may be necessary, including

provisions relating to the closing of a post office under this

section if necessary because a post office under section 406 is

established in the same location.

-SOURCE-

(Added Pub. L. 101-524, Sec. 5(a), Nov. 6, 1990, 104 Stat. 2303.)

-End-

-CITE-

39 USC Sec. 414 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 414. Special postage stamps

-STATUTE-

(a) In order to afford the public a convenient way to contribute

to funding for breast cancer research, the Postal Service shall

establish a special rate of postage for first-class mail under this

section.

(b) The rate of postage established under this section -

(1) shall be equal to the regular first-class rate of postage,

plus a differential of not less than 15 percent;

(2) shall be set by the Governors in accordance with such

procedures as the Governors shall by regulation prescribe (in

lieu of the procedures under chapter 36); and

(3) shall be offered as an alternative to the regular

first-class rate of postage.

The use of the special rate of postage established under this

section shall be voluntary on the part of postal patrons. The

special rate of postage of an individual stamp under this section

shall be an amount that is evenly divisible by 5.

(c)(1) Of the amounts becoming available for breast cancer

research pursuant to this section, the Postal Service shall pay -

(A) 70 percent to the National Institutes of Health; and

(B) the remainder to the Department of Defense.

Payments under this paragraph to an agency shall be made under such

arrangements as the Postal Service shall by mutual agreement with

such agency establish in order to carry out the purposes of this

section, except that, under those arrangements, payments to such

agency shall be made at least twice a year.

(2) For purposes of this section, the term "amounts becoming

available for breast cancer research pursuant to this section"

means -

(A) the total amounts received by the Postal Service that it

would not have received but for the enactment of this section,

reduced by

(B) an amount sufficient to cover reasonable costs incurred by

the Postal Service in carrying out this section, including those

attributable to the printing, sale, and distribution of stamps

under this section,

as determined by the Postal Service under regulations that it shall

prescribe.

(d) It is the sense of the Congress that nothing in this section

should -

(1) directly or indirectly cause a net decrease in total funds

received by the National Institutes of Health, the Department of

Defense, or any other agency of the Government (or any component

or program thereof) below the level that would otherwise have

been received but for the enactment of this section; or

(2) affect regular first-class rates of postage or any other

regular rates of postage.

(e) Special postage stamps under this section shall be made

available to the public beginning on such date as the Postal

Service shall by regulation prescribe, but in no event later than

12 months after the date of the enactment of this section.

(f) The Postmaster General shall include in each report rendered

under section 2402 with respect to any period during any portion of

which this section is in effect information concerning the

operation of this section, except that, at a minimum, each shall

include -

(1) the total amount described in subsection (c)(2)(A) which

was received by the Postal Service during the period covered by

such report; and

(2) of the amount under paragraph (1), how much (in the

aggregate and by category) was required for the purposes

described in subsection (c)(2)(B).

(g) For purposes of section 416 (including any regulation

prescribed under subsection (e)(1)(C) of that section), the special

postage stamp issued under this section shall not apply to any

limitation relating to whether more than 1 semipostal may be

offered for sale at the same time.

(h) This section shall cease to be effective after December 31,

2003.

-SOURCE-

(Added Pub. L. 105-41, Sec. 2(a), Aug. 13, 1997, 111 Stat. 1119;

amended Pub. L. 106-253, Sec. 3(a), July 28, 2000, 114 Stat. 636;

Pub. L. 107-67, title VI, Sec. 650(b)(1), (c), Nov. 12, 2001, 115

Stat. 556, 557.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec.

(e), is the date of enactment of Pub. L. 105-41, which was approved

Aug. 13, 1997.

-MISC1-

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-67, Sec. 650(c), substituted "of

not less than 15 percent" for "of not to exceed 25 percent" in par.

(1) and inserted at end of concluding provisions "The special rate

of postage of an individual stamp under this section shall be an

amount that is evenly divisible by 5."

Subsec. (g), (h). Pub. L. 107-67, Sec. 650(b)(1), added subsecs.

(g) and (h) and struck out former subsec. (g) which read as

follows: "This section shall cease to be effective after July 29,

2002, or the end of the 2-year period beginning on the date of the

enactment of the Semipostal Authorization Act, whichever is later."

2000 - Subsec. (g). Pub. L. 106-253 amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows: "This

section shall cease to be effective at the end of the 2-year period

beginning on the date on which special postage stamps under this

section are first made available to the public."

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-67, title VI, Sec. 650(b)(2), Nov. 12, 2001, 115

Stat. 557, provided that: "The amendment made by this subsection

[amending this section] shall take effect on the earlier of -

"(A) the date of enactment of this Act [Nov. 12, 2001]; or

"(B) July 29, 2002."

REPORT BY COMPTROLLER GENERAL OF UNITED STATES

Pub. L. 106-253, Sec. 3(b), July 28, 2000, 114 Stat. 637,

provided that: "No later than 3 months and no earlier than 6 months

before the date as of which section 414 of title 39, United States

Code (as amended by this section) is scheduled to expire, the

Comptroller General of the United States shall submit to the

Congress a report on the operation of such section. Such report

shall be in addition to the report required by section 2(b) of

Public Law 105-41 [set out below], and shall address at least the

same matters as were required to be included in that earlier

report."

Section 2(b) of Pub. L. 105-41 provided that: "No later than 3

months (but no earlier than 6 months) before the end of the 2-year

period referred to in section 414(g) of title 39, United States

Code (as amended by subsection (a)), the Comptroller General of the

United States shall submit to the Congress a report on the

operation of such section. Such report shall include -

"(1) an evaluation of the effectiveness and the appropriateness

of the authority provided by such section as a means of

fund-raising; and

"(2) a description of the monetary and other resources required

of the Postal Service in carrying out such section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 416 of this title.

-End-

-CITE-

39 USC Sec. 415 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 415. Prohibition on restriction or elimination of services

-STATUTE-

The Postal Service may not restrict, eliminate, or adversely

affect any service provided by the Postal Service as a result of

the payment of any penalty imposed under the Occupational Safety

and Health Act of 1970 (29 U.S.C. 651 et seq.).

-SOURCE-

(Added Pub. L. 105-241, Sec. 4(a), Sept. 28, 1998, 112 Stat. 1573.)

-REFTEXT-

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, referred to in

text, is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as amended,

which is classified principally to chapter 15 (Sec. 651 et seq.) of

Title 29, Labor. For complete classification of this Act to the

Code, see Short Title note set out under section 651 of Title 29

and Tables.

-End-

-CITE-

39 USC Sec. 416 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 4 - GENERAL AUTHORITY

-HEAD-

Sec. 416. Authority to issue semipostals

-STATUTE-

(a) Definitions. - For purposes of this section -

(1) the term "semipostal" means a postage stamp which is issued

and sold by the Postal Service, at a premium, in order to help

provide funding for a cause described in subsection (b); and

(2) the term "agency" means an Executive agency within the

meaning of section 105 of title 5.

(b) Discretionary Authority. - The Postal Service is hereby

authorized to issue and sell semipostals under this section in

order to advance such causes as the Postal Service considers to be

in the national public interest and appropriate.

(c) Rate of Postage. - The rate of postage on a semipostal issued

under this section shall be established by the Governors, in

accordance with such procedures as they shall by regulation

prescribe (in lieu of the procedures under chapter 36), except that

-

(1) the rate established for a semipostal under this section

shall be equal to the rate of postage that would otherwise

regularly apply, plus a differential of not less than 15 percent;

and

(2) no regular rates of postage or fees for postal services

under chapter 36 shall be any different from what they otherwise

would have been if this section had not been enacted.

The use of any semipostal issued under this section shall be

voluntary on the part of postal patrons. The special rate of

postage of an individual stamp under this section shall be an

amount that is evenly divisible by 5.

(d) Amounts Becoming Available. -

(1) In general. - The amounts becoming available from the sale

of a semipostal under this section shall be transferred to the

appropriate agency or agencies under such arrangements as the

Postal Service shall by mutual agreement with each such agency

establish.

(2) Identification of appropriate causes and agencies. -

Decisions concerning the identification of appropriate causes and

agencies to receive amounts becoming available from the sale of a

semipostal under this section shall be made in accordance with

applicable regulations under subsection (e).

(3) Determination of amounts. -

(A) In general. - The amounts becoming available from the

sale of a semipostal under this section shall be determined in

a manner similar to that provided for under section 414(c)(2)

(as in effect on July 1, 2000).

(B) Administrative costs. - Regulations under subsection (e)

shall specifically address how the costs incurred by the Postal

Service in carrying out this section shall be computed,

recovered, and kept to a minimum.

(4) Other funding not to be affected. - Amounts which have or

may become available from the sale of a semipostal under this

section shall not be taken into account in any decision relating

to the level of appropriations or other Federal funding to be

furnished to an agency in any year.

(5) Recovery of costs. - Before transferring to an agency in

accordance with paragraph (1) any amounts becoming available from

the sale of a semipostal over any period, the Postal Service

shall ensure that it has recovered the full costs incurred by the

Postal Service in connection with such semipostal through the end

of such period.

(e) Regulations. -

(1) In general. - Except as provided in subsection (c), the

Postal Service shall prescribe any regulations necessary to carry

out this section, including provisions relating to -

(A) which office or other authority within the Postal Service

shall be responsible for making the decisions described in

subsection (d)(2);

(B) what criteria and procedures shall be applied in making

those decisions; and

(C) what limitations shall apply, if any, relating to the

issuance of semipostals (such as whether more than one

semipostal may be offered for sale at the same time).

(2) Notice and comment. - Before any regulation is issued under

this section, a copy of the proposed regulation shall be

published in the Federal Register, and an opportunity shall be

provided for interested parties to present written and, where

practicable, oral comment. All regulations necessary to carry out

this section shall be issued not later than 30 days before the

date on which semipostals are first made available to the public

under this section.

(f) Annual Reports. -

(1) In general. - The Postmaster General shall include in each

report rendered under section 2402, with respect to any period

during any portion of which this section is in effect,

information concerning the operation of any program established

under this section.

(2) Specific requirement. - If any semipostal ceases to be

offered during the period covered by such a report, the

information contained in that report shall also include -

(A) the commencement and termination dates for the sale of

such semipostal;

(B) the total amount that became available from the sale of

such semipostal; and

(C) of that total amount, how much was applied toward

administrative costs.

For each year before the year in which a semipostal ceases to be

offered, any report under this subsection shall include, with

respect to that semipostal (for the year covered by such report),

the information described in subparagraphs (B) and (C).

(g) Termination. - This section shall cease to be effective at

the end of the 10-year period beginning on the date on which

semipostals are first made available to the public under this

section.

-SOURCE-

(Added Pub. L. 106-253, Sec. 2(a), July 28, 2000, 114 Stat. 634;

amended Pub. L. 107-67, title VI, Sec. 652(c)(1), Nov. 12, 2001,

115 Stat. 557; Pub. L. 107-117, div. B, Sec. 1201, Jan. 10, 2002,

115 Stat. 2335.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-117 amended Pub. L. 107-67. See

2001 Amendment note below.

2001 - Subsec. (c). Pub. L. 107-67, as amended by Pub. L.

107-117, substituted "of not less than 15 percent" for "of not to

exceed 25 percent" in par. (1) and inserted at end of concluding

provisions "The special rate of postage of an individual stamp

under this section shall be an amount that is evenly divisible by

5."

EFFECTIVE DATE

Pub. L. 106-253, Sec. 2(e), July 28, 2000, 114 Stat. 636,

provided that: "The program under section 416 of title 39, United

States Code (as amended by this section) shall be established

within 6 months after the date of the enactment of this Act [July

28, 2000]."

THE 9/11 HEROES STAMP

Pub. L. 107-67, title VI, Sec. 652, Nov. 12, 2001, 115 Stat. 557,

as amended by Pub. L. 107-117, div. B, Sec. 1201, Jan. 10, 2002,

115 Stat. 2335, provided that:

"(a) Short Title. - This section may be cited as the '9/11 Heroes

Stamp Act of 2001'.

"(b) In General. - In order to afford the public a direct and

tangible way to provide assistance to the families of emergency

relief personnel killed or permanently disabled in the line of duty

in connection with the terrorist attacks against the United States

on September 11, 2001, the United States Postal Service shall issue

a semipostal in accordance with subsection (c).

"(c) Requirements. - The provisions of section 416(a), (c), (d),

and (f) of title 39, United States Code, shall apply as practicable

with respect to the semipostal described in subsection (b), subject

to the following:

"(1) Rate of postage. - [Amended subsec. (c) of this section.]

"(2) Disposition of amounts becoming available. - All amounts

becoming available from the sale of the semipostal (as determined

under such section) shall be transferred to the Federal Emergency

Management Agency under such arrangements as the Postal Service

shall by mutual agreement with such agency establish in order to

carry out the purposes of this section.

"(3) Commencement and termination dates. - Stamps under this

section shall be issued -

"(A) beginning on the earliest date practicable; and

"(B) for such period of time as the Postal Service considers

necessary and appropriate, but in no event after December 31,

2004.

"(d) Limitation. - For purposes of section 416 of title 39,

United States Code (including any regulation prescribed under

subsection (e)(1)(C) of that section), the semipostal postage stamp

issued under this section shall not apply to any limitation

relating to whether more than one semipostal may be offered for

sale at the same time.

"(e) Design. - It is the sense of the Congress that the

semipostal issued under this section should depict, by such design

as the Postal Service considers to be most appropriate, the efforts

of emergency relief personnel at the site of the World Trade Center

in New York City and the Pentagon in Arlington, Virginia.

"(f) Definitions. - For purposes of this section -

"(1) the term 'emergency relief personnel' means firefighters,

law enforcement officers, paramedics, emergency medical

technicians, members of the clergy, and other individuals

(including employees of legally organized and recognized

volunteer organizations, whether compensated or not) who, in the

course of professional duties, respond to fire, medical,

hazardous material, or other similar emergencies; and

"(2) the term 'semipostal' has the meaning given such term by

section 416 of title 39, United States Code."

[For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.]

DOMESTIC VIOLENCE SEMIPOSTAL STAMP

Pub. L. 107-67, title VI, Sec. 653, Nov. 12, 2001, 115 Stat. 558,

provided that:

"(a) Short Title. - This section may be cited as the 'Stamp Out

Domestic Violence Act of 2001'.

"(b) In General. - In order to afford the public a direct and

tangible way to contribute to funding for domestic violence

programs, the United States Postal Service shall issue a semipostal

in accordance with subsection (c).

"(c) Requirements. - The provisions of section 416 of title 39,

United States Code, shall apply as practicable with respect to the

semipostal described in subsection (b), subject to the following:

"(1) Disposition of amounts becoming available. - All amounts

becoming available from the sale of the semipostal (as determined

under such section) shall be transferred to the Department of

Health and Human Services under such arrangements as the Postal

Service shall by mutual agreement with such agency establish in

order to carry out the purposes of this section.

"(2) Commencement and termination dates. - Stamps under this

section shall be issued -

"(A) beginning on the earliest date practicable, but not

later than January 1, 2004; and

"(B) for such period of time as the Postal Service considers

necessary and appropriate, but in no event after December 31,

2006.

"(d) Limitation. - For purposes of section 416 of title 39,

United States Code (including any regulation prescribed under

subsection (e)(1)(C) of that section), the semipostal stamp issued

under this section shall not apply to any limitation relating to

whether more than one semipostal may be offered for sale at the

same time.

"(e) Definition. - For purposes of this section the term

'semipostal' has the meaning given such term by section 416 of

title 39, United States Code."

REPORTS BY AGENCIES

Pub. L. 106-253, Sec. 2(b), July 28, 2000, 114 Stat. 636,

provided that: "Each agency that receives any funding in a year

under section 416 of title 39, United States Code (as amended by

this section) shall submit a written report under this subsection,

with respect to such year, to the congressional committees with

jurisdiction over the United States Postal Service. Each such

report shall include -

"(1) the total amount of funding received by such agency under

such section 416 during the year;

"(2) an accounting of how any funds received by such agency

under such section 416 were allocated or otherwise used by such

agency in such year; and

"(3) a description of any significant advances or

accomplishments in such year that were funded, in whole or in

part, out of amounts received by such agency under such section

416."

REPORTS BY THE GENERAL ACCOUNTING OFFICE

Pub. L. 106-253, Sec. 2(c), July 28, 2000, 114 Stat. 636,

provided that:

"(1) Interim report. - The General Accounting Office shall submit

to the President and each House of Congress an interim report on

the operation of the program established under section 416 of title

39, United States Code (as amended by this section) not later than

4 years after semipostals are first made available to the public

under such section.

"(2) Final report. - The General Accounting Office shall transmit

to the President and each House of Congress a final report on the

operation of the program established under such section 416, not

later than 6 months before the date on which it is scheduled to

expire. The final report shall contain a detailed statement of the

findings and conclusions of the General Accounting Office, together

with any recommendations it considers appropriate."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 414 of this title.

-End-